In a sternly worded letter dated December 20, Max India founder Singh said that he was not interested in continuing as a director of Tata Global Beverages, considering the “deplorable conduct of Harish Bhat”, a Tata executive, and the overall lack of transparency surrounding the forced sacking of Mistry.

In a separate letter written earlier to Ratan Tata, Singh had said no reason had been given for Mistry’s ouster. He also questioned how a majority of independent directors could have voted for his removal unless they had been “tamed”.

It is understood that Singh had at the contentious board meeting on November 15, when Mistry was ousted from the company, protested against the manner in which the resolution to remove him was introduced suddenly and without taking the permission of the person chairing the board meeting. He was of the view that the process adopted was in contravention of the ‘secretarial note’ which provides guidance for introducing a ‘non-agenda’ item at a board meeting and which requires that the chairman give his consent before the matter is discussed.

The resolution to remove Mistry did not figure in the original agenda of the board meeting. Bhat was appointed chairman of the board, following Mistry’s ouster.

Singh also told Tata that ownership may give him the right but not the licence to act without proper transparency and governance in a public limited company.

A spokesperson for Tata Global Beverages said the company conducted its board meetings in accordance with applicable law.

“It may be recalled that after extensive deliberations and keeping in view the long-term interest and alignment of all the stakeholders and the stability of the company, the board of directors of TGBL resolved to replace Mr Mistry as the chairman of the company with the majority vote of 7 out of 10 directors present at the board meeting voting in favour of the resolution to replace him as chairman,” the spokesperson said in response to ET’s email query on Wednesday.

“A few of the members backed Mistry’s performance but in the larger interests of the company, the vote went in favour of the Tata-nominated director,” a senior board member told ET after the board meet.

Mistry had then termed his ouster illegal, claiming it was not part of the board meet’s agenda and said, “Tatas continue to demonstrate the lack of respect for due process of law.” Some legal experts had supported Mistry’s contention. “This is irregular,” said Anil G Variath, professor, National Law University, Mumbai.

“The board meeting cannot go beyond the agenda without the permission of the chair. If the chair declines permission, then the option of the board members is to give notice and include the item in the agenda of the next board meeting.”

Tata Global Beverages had subsequently responded to a stock exchange query seeking clarification on the statement made by Mistry. The company said that it had made the filing announcing Mistry’s removal and his replacement by Harish Bhat in line with regulations “as the information in relation to the replacement of the chairman of the board of the company was considered to be material”.

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